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HomeMy WebLinkAbout2003-022 1 2 RESOLUTION NO. 2003-22 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS 3 INTENTION TO ORDER THE VACATION OF A IO-FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN 20TH STREET AND 21ST STREET, WEST OF 4 KENWOOD AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION I. That the Mayor and Common Council of the City of San Bernardino 8 hereby declares its intention to order the vacation of a 10-foot public utility easement located 9 between 20lh Street and 21" Street, west of Kenwood Avenue, described as follows: 10 11 12 A Public Utility Easement, in the City of San Bernardino, across the southerly five-feet (5') of Lots 3 and 4, and the northerly five-feet (5') of Lots 5 and 6, of Tract No. 3650, as shown by plat on file in Book 47 of Maps, Pages 92-94 inclusive, records of San Bernardino County, State of California. 13 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in 14 15 vacating the above described public utility easement, elects to proceed under and in accordance 16 17 18 with the provisions of the "Public Streets, Highways, and Service Easements Vacation Law", being Division 9, Part 3, of the Streets and Highways Code of the State of California. SECTION 3. That the hour of 4:00 p.m., on Tuesday, February 18, 2003, in the Council 19 20 21 and place when and where all persons interested in or objecting to the proposed vacation may Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time 22 appear before the said Mayor and Common Council and offer evidence in relation thereto. For 23 further particulars as to the proposed vacation, reference is made to that map marked "Plan No. 24 10514", approved on September 9, 2002, a copy of which is on file in the office of the City Clerk 25 26 27 of said City. //1 28 01/13/03 2003-22 1 2 RESOLUTION OF INTENTION m VACATION OF A IO-FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN 20TH STREET AND 21 S1 STREET, WEST OF KENWOOD A VENUE (Plan No. 10514). 3 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing 4 easements for public utility purposes belonging either to the City of San Bernardino or to any 5 public utility and there is hereby specifically reserved for the City of San Bernardino, its 6 successors, heirs and assigns, a temporary easement for sanitary sewer and appurtenant facilities 7 8 over the entire area proposed to be vacated, including the right at any time, or from time to time, 9 to construct, maintain, operate, replace and renew said sewer or appurtenances including the right 10 of ingress and egress thereto; and there is hereby specifically reserved for Southern California 11 Edison, its successors, heirs and assigns, a temporary easement to construct, place, operate, 12 inspect, maintain, repair, replace and remove any overhead or underground electrical 13 14 15 16 17 18 transmission and/or distribution structure consisting of wires, cables, conduits, poles, pole anchors and guy wires, manhole markers and necessary fixtures and appurtenances, and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for the City of San Bernardino Municipal Water Department, its successors, heirs and assigns, a temporary easement for water utility purposes over the entire area proposed 19 20 to be vacated, including the right at any time, or from time to time, to construct, maintain, 21 22 23 24 25 26 27 28 operate, replace and renew one or more pipelines or appurtenances for the transportation of water and related incidental purposes, and said temporary easement shall include the right of ingress and egress thereto; and there is hereby specifically reserved for Verizon California, Inc., its successors, heirs and assigns, a temporary easement to construct, place, operate, inspect, maintain, repair and replace underground and overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said temporary easement shall include the right of 2 01/13/03 2003-22 1 2 RESOLUTION OF INTENTION m V ACA TION OF A 10-FOOT PUBLIC UTILITY EASEMENT LOCATED BETWEEN 20TH STREET AND 21 ST STREET, WEST OF KENWOOD A VENUE (Plan No. 10514). 3 Ingress and egress thereto. 4 5 6 7 8 All temporary easements reserved herein shall terminate upon relocation or abandonment of existing facilities. SECTION S. That the City Engineer/Deputy Director of Development Services for the City of San Bernardino is hereby directed to cause Notices of Public Utility Easement Vacation to be posted as required by said "Public Streets, Highways and Service Easements Vacation 9 Law." 10 11 12 13 14 15 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published once a week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing. /1/ 16 17 18 19 20 21 22 23 24 25 26 27 28 3 01113/03 2003-22 RESOLUTION OF INTENTION --- VACATION OF A 10-FOOT PUBLIC UTILITY EASEMENT 1 LOCATED BETWEEN 20TH STREET AND 21ST STREET, WEST OF KENWOOD AVENUE (Plan No. 10514). 2 3 I HEREBY CERTIFY thai the foregoing resolulion was duly adopted by Ihe Mayor and 4 Common Council of Ihe City of San Bernardino at a j oint regular meeting thereof 5 held on the 21st day of 6 7 8 9 10 11 12 13 14 15 16 17 18 19 The foregoing resolution is hereby approved this 20 21 22 23 Approved as to form 24 and legal content: January ,20~, by the following vote, to wit: Council Members: AYES NA YES ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS X DERRY X SUAREZ X ANDERSON X MCCAMMACK X Z L day of January ,20~. / 7-- ;/ ? NEIL DE Y ayor Pro Tern City of San Bernardino 25 JAMES F. PENMAN 26 City Attorney 27 BY:~-""'p> ~. ~ 28 () 4 01/13/03